410.340 Sign construction: Minimum spacing
requirements. [Effective until such date as the Department of Transportation of
the State of Nevada and the Secretary of Transportation enter into an agreement
by which the State of Nevada may regulate the areas outside of urbanized area
boundaries for the purpose of enforcing the Highway Beautification Act (23
U.S.C. § 101 et seq.).]

410.340 Sign construction: Minimum spacing
requirements. [Effective on such date as the Department of Transportation of
the State of Nevada and the Secretary of Transportation enter into an agreement
by which the State of Nevada may regulate the areas outside of urbanized area
boundaries for the purpose of enforcing the Highway Beautification Act (23
U.S.C. § 101 et seq.).]

410.800 Effective dates of control by
Department of alterations to and new routes added to interstate and primary
routes.

GENERAL PROVISIONS

NAC 410.001Definitions. (NRS 408.557, 410.330)As used
in this chapter, unless the context otherwise requires, the words and terms
defined in NAC 410.003, 410.005
and 410.007 have the meanings ascribed to them in
those sections.

NAC 410.010Definitions.As
used in NAC 410.010 to 410.120,
inclusive, unless the context otherwise requires, the words and terms defined
in NAC 410.020 to 410.080,
inclusive, have the meanings ascribed to them in those sections.

(Supplied in codification)

NAC 410.020“Industrial activity” defined. (NRS 410.190)“Industrial
activity” means an activity which is permitted only in an industrial zone or a
less restrictive zone by the nearest zoning authority within the state or if
prohibited by the authority is generally recognized as industrial activity by
other zoning authorities within the state, except that none of the following is
an industrial activity:

1. Any erection or maintenance of an outdoor
advertising structure.

2. Any agricultural, forestry, ranching,
grazing, farming or related activity, or operation of a wayside stand for sale
of fresh produce.

3. Any activity normally and regularly in
operation less than 3 months of the year.

4. Any transient or temporary activity.

5. Any activity not visible from the traffic
lanes of the main-traveled way.

6. Any activity more than 300 feet from the
nearest edge of the main-traveled way.

7. Any activity conducted in a building
principally used as a residence.

8. Any operation of railroad tracks, a minor
siding or a passenger depot.

9. Any creation or maintenance of a junkyard
as defined in 23 U.S.C. § 136.

NAC 410.070“Visible” defined. (NRS 410.190)“Visible”
means capable of being seen without visual aid by a person of normal visual
acuity. For purposes of NAC 410.010 to 410.120, inclusive, a junkyard is not visible if the
junk cannot be seen over, under, through or outside of the screen.

NAC 410.080“Zoned industrial area” defined. (NRS 410.190)“Zoned
industrial area” means an area zoned for industry or manufacturing under a
comprehensive zoning plan. Any zoning which permits certain industrial uses as
an incident to the primary land use, or any holding, open-use or
transitional-type zoning classification is an industrial zone.

1. The Department will provide a copy of NAC 410.010 to 410.120,
inclusive, and an application form for a required permit by certified mail to
every operator of a junkyard subject to the provisions of NRS 410.095 to 410.210, inclusive.

2. The operator must complete the
application and submit it within 30 days, with the required $10 fee, to:

Utilities Section

Department of Transportation

1263 South Stewart Street

Carson City, Nevada 89712

3. The Department will require a new application
and fee only if a junkyard is acquired by another operator.

(b) The name and address of the landowner. If the
operator is not the landowner, the application must contain a copy of the lease
or agreement allowing occupancy or a notarized affidavit attesting to the
operator’s right of occupancy.

(c) If the junkyard is located in a zoned
industrial area, an affidavit of that fact by the proper zoning authority.

(d) If the junkyard is located in an unzoned
industrial area, a certificate to that fact by the county planning officer or
other appropriate official.

(e) The date the junkyard was established.

(f) A description of any expansion of the junkyard
since January 1, 1972.

NAC 410.100Junkyard screens. (NRS 410.190)Junkyard
screens established pursuant to the provisions of NRS 410.095 to 410.210, inclusive, whether by the
Department or the operator, must be maintained by the operator if the screen is
not within the right-of-way of the Department.

[Dep’t of Highways, Junkyard Control Reg. § III subsec.
D, eff. 4-30-79]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

1. If the applicant’s junkyard does not
comply with the requirements of NRS
410.120, a permit will be denied and, unless compliance is thereafter met
pursuant to NRS 410.210, the
junkyard will be abated.

2. The operator may reapply for a permit if
he or she complies with the requirements of NRS 410.120 before abatement
proceedings are instituted.

3. Abatement proceedings will be instituted pursuant
to NRS 410.210 if the screen is
not properly maintained and any portion of the junkyard becomes visible from
the main-traveled way of the interstate or primary highway.

4. Except as otherwise provided in NRS 410.130, abatement proceedings
may be instituted pursuant to NRS
410.210 if a quantity of junk equivalent to 10 or more automobiles becomes
visible from the main-traveled way of the interstate or primary highway.

[Dep’t of Highways, Junkyard Control Reg. § III part of
subsecs. C & E, eff. 4-30-79]—(NAC A by Dep’t of Transportation by R058-97,
12-11-98)

1. The Department will acquire the minimum
land necessary for the removal or relocation of a junkyard pursuant to the
provisions of NRS 410.095 to 410.210, inclusive. Abandoned or
worthless junk must be removed by the operator or landowner.

2. If the operator of a junkyard which has
been inactive or abandoned for 1 year or more begins operating the junkyard
again, the operator must comply with the requirements of NRS 410.095 to 410.210, inclusive, at his or her
own expense.

1. On-premise advertising is not subject to
the state’s outdoor advertising control.

2. A sign must meet the following tests to
be considered an on-premise advertising device:

(a) The sign must be located on the same premises
as the activity or property advertised. The premises on which an activity is
conducted is determined by physical facts rather than property lines. Premises
includes the area occupied by the buildings and appurtenances such as parking
lots, storage areas, processing areas or areas for other physical uses that are
customarily incident to the activity, including open spaces arranged and
designed to be used in connection with the buildings or activities. In the case
of large complexes where one or more related activities occur, such as the
resort hotel-golf course or restaurant-service station complex, where the
entire complex is under the same ownership, any of the separate activities may
be advertised independently within the developed commercial or industrial area
of the complex.

(b) The purpose of the advertising sign must be:

(1) The identification of the establishment or
activity located on the premises or its products or services; or

NAC 410.210Off-premise advertising signs: Land considered “off-premise.” (NRS 410.400)Certain
situations constitute prima facie evidence that a sign is not an on-premise
advertising device. The following are not considered a part of the premises on
which the activity is conducted, and any signs located on such land are
considered off-premise advertising subject to control by the State:

1. Any land which is not used as an integral
part of the principal activity. This includes, but is not limited to, land
which is separated from the activity by a roadway, highway or other obstruction
and not used by the activity, and extensive undeveloped highway frontage
contiguous to the land actually used by a commercial facility even though it
might be under the same ownership.

2. Any land which is used for or devoted to
a separate purpose unrelated to the advertised activity. For example, land
adjacent to or adjoining a service station but devoted to raising of crops,
residence or farmstead uses, or other commercial or industrial uses having no
relationship to the service station activity, would not be part of the premises
of the service station even though under the same ownership.

3. Any land which is:

(a) At some distance from the principal activity;

(b) In closer proximity to the highway than the
principal activity;

(c) Developed or used only in the area of the site
of the sign, or between the site of the sign and the principal activity; and

(d) Occupied solely by structures or uses which are
only incidental to the principal activity, and which serve no reasonable or
integrated purpose related to the activity other than to attempt to qualify the
land as a site for signs. Generally, these are inexpensive facilities, such as
picnic, playground or camping areas, dog kennels, golf driving ranges, skeet
ranges, common or private roadways or easements, walking paths, fences and sign
maintenance sheds.

4. Where the sign is located at or near the
end of a narrow strip contiguous to the advertised activity, the site of the
sign is not considered part of the premises on which the activity being
advertised is conducted. A narrow strip includes, but is not limited to, any
configuration of land which is such that it cannot be put to any reasonable use
related to the activity other than as a site for signs. In no event is the site
of a sign considered part of the premises on which the advertised activity is
conducted if it is located upon a narrow strip of land:

(a) Which is unsuitable for building, such as
swampland, marshland or other wetland;

(b) Which is a common or private roadway; or

(c) Held by easement or other lesser interest than
the premises where the advertised activity is located.

NAC 410.220Off-premise advertising signs: Evidence constituting off-premise
sign. (NRS
410.400)For
the purpose of the sign, the following constitutes evidence of an off-premise
sign subject to control by the State:

1. When a sign:

(a) Brings rental income to the landowner; and

(b) Consists principally of brand name or trade
name advertising, and the product or service advertised is only incidental to
the principal activity,

Ê it is
considered the business of outdoor advertising and not an on-premise sign. An
example is a typical billboard located on top of a service station advertising
a brand of cigarettes or chewing gum which is incidentally sold in a vending
machine on the property.

2. A sign which advertises activities
conducted on the premises, but which also advertises in a prominent manner
activities not conducted on the premises, is not an on-premise sign. An example
would be a sign advertising a motel or restaurant not located on the premises
with a notation or attachment stating “Skeet Range Here,” or “Dog Kennels
Here.” The on-premise activity would only be the skeet range or the dog
kennels.

NAC 410.230Sign permit: Prerequisites. (NRS 410.400)A sign
permit cannot be issued unless the proposed site of the sign is located in
either a zoned or unzoned commercial or industrial area and unless the proposed
sign conforms to the size, spacing and lighting requirements, except for
approved directional or informational signs described in NAC
410.430.

[Dep’t of Highways, Outdoor Advertising Control Manual
p. 6, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

1. Sign permit applications are available at
the district offices of the Department.

2. The following information must be
submitted by the applicant:

(a) The name of the owner of the sign.

(b) The mailing address of the owner of the sign.

(c) The name and mailing address of the landowner
at the site of the sign.

(d) A copy of the signed consent of the landowner
or a notarized affidavit by the owner of the sign declaring a right of
occupancy to the site of the sign must be attached to the application.

(e) The city or county in which the sign is to be
located.

(f) The highway name or route number.

(g) The side of the highway along which the sign is
to be located.

(h) The approximate location of the sign from an
identifiable landmark, intersection, milepost or other existing sign.

(i) If the site of a sign is located in a zoned
industrial or commercial area, the zone affidavit on the reverse side of the
application must be executed by the appropriate zoning authority. If the site
is located in an unzoned industrial or commercial area, a sketch map of the
area showing the dimensions of the buildings and proximity of the proposed sign
must be attached to the application.

(j) Land use.

(k) If a sign exists, the date it was erected must
be indicated. If it is a new sign, the date the sign is to be erected must be
indicated.

(l) The height and width of the advertising area
must be indicated, including border and trim, but excluding the base or apron,
supports and other structural members.

(m) The sign area must be measured by the smallest
square, rectangle, triangle, circle or combination thereof which will encompass
the entire sign face. A double-faced sign will require one permit with the
annual fee based on the total advertising area.

(n) The sign area of all advertising faces for the
structure.

(o) The distance from the bottom of the panel to
the ground.

(p) The number and size of posts.

(q) The post material.

(r) Illumination.

(s) A photo or sketch of the sign must be attached
to the application.

3. The applicant must affix his or her
signature and date in the space provided on the application along with the
applicant’s title, if he or she is not the owner of the sign.

1. The sign permit application must be
submitted to the district office of the Department in the area where the
proposed sign is to be located. The utility inspector shall make a field
inspection to determine conformity of the location and:

(a) The stationing; or

(b) The mileposts,

Ê for the
proposed sign.

2. The utility inspector shall forward the
application with a report of his or her field inspection:

(a) To the headquarters building in Carson City; or

(b) If the proposed site of the sign is located in
District 1, to the Right-of-Way Division of the Department of Transportation at
123 East Washington Avenue, P.O. Box 170, Las Vegas, Nevada 89125-0170.

3. The applicant must clearly mark the exact
location of the proposed sign to enable the utility inspector to perform the
required inspection.

4. The Department will grant an application
on the basis of:

(a) A priority system, as set forth in subsection
5; or

(b) A lottery system, as set forth in subsection 6.

5. When the application is received by the
Department, it will be logged in with the date and time received and marked by
the recipient. If the application is incorrect or incomplete, it will be mailed
back to the applicant without being logged. During the interim, while the
applicant is completing or correcting the returned application, the Department
may receive a complete and correct application which then receives priority as
to spacing requirements.

6. If the Department determines that it is
in the public interest, the Department may select applicants on the basis of a
lottery system. To qualify for the lottery, an application must be correct and
complete when received by the Department. If the application is incorrect or
incomplete, it will be mailed back to the applicant without being entered into
the lottery. The applicant may complete or correct the returned application and
resubmit the application to the Department before the date on which the applications
for the lottery are due.

1. If the site of the proposed sign
conforms, a metal permit tag will be issued for the proposed sign and furnished
to the applicant with a copy of the approved sign permit application. The
applicant will be responsible for conspicuously attaching the metal permit tag
to the specific sign structure for which it is issued so that it is visible
from the roadway. In lieu of attaching the metal permit tag, the applicant may
paint the assigned permit number on the sign at a location that is clearly
visible from the roadway. If the sign is painted, the same color scheme
utilized on the tag, which is yellow on black, must be followed. The yellow
numerals must be painted on the solid black background measuring at least 6
inches by 12 inches. The yellow numerals must be at least 2 1/2 inches high and
must be clearly legible.

2. If painted permit numbers are used, they
may be placed in either a horizontal or vertical configuration, whichever will
provide the greatest visibility from the roadway.

3. If the site of the proposed sign is
determined to be nonconforming and a sign permit is denied, the applicant will
be reimbursed with a state warrant in that amount attributable to the annual
fee. The inspection fee will be retained to defray expenses incurred by the
State.

4. Approval of an application and issuance
of a permit does not alleviate an applicant from complying with all applicable
county or local regulations. Any violation of county or local regulations may
result in cancellation of the permit.

1. The applicant has 180 days after the time
the permit is granted to construct the sign. Should the construction not be
completed within the 180-day period, the permit will be subject to cancellation
with full forfeiture of fees previously submitted. This cancellation occurs
immediately upon expiration of the 180-day period, and no 30-day violation
notice will be sent. A cancellation notice must be sent to inform the owner of
the sign. Extensions on the 180-day construction period will generally not be
granted. However, when the applicant provides documentary proof that the construction
has been delayed through no fault of the applicant, such as a long-pending
approval of a local governing agency, an extension may be granted. Cases will
be treated on their own merit. Any extension will be at the discretion of the
Department. In no instance will the availability of materials or contract
problems qualify for a time extension.

2. If a permit is cancelled due to violation
of the 180-day construction period, the applicant may reapply for a permit.
This reapplication will involve filling out a new application and submitting it
with full fees. The reapplication will also be subject to the effect of
intervening applications received between the time of cancellation and
reapplication for spacing requirements.

[Dep’t of Highways, Outdoor Advertising Control Manual
p. 13, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

1. A sign permit may be cancelled in
accordance with subsection 2 of NRS
410.330. Such cancellation will result in the removal of the sign at the
sign owner’s expense. If the owner of the sign objects to any cancellation, he
or she may request a hearing before an ad hoc committee to be comprised of the
Director or the Director’s authorized representative, the chief right-of-way
agent or the authorized representative of the chief right-of-way agent, and a
member of the sign industry, the latter to be selected by the sign association of
Nevada, who shall submit two names to the State Highway Engineer for his or her
selection. The decision of this hearing board, which must be made by majority
vote, is final.

2. Hearings must be scheduled as the need
arises.

3. Failure to take immediate corrective
action as indicated by the issuance of an Outdoor Advertising Violation Notice
or the removal or destruction of flora from within the highway right-of-way or
adjacent areas in accordance with subsection 5 of NRS 410.320 to maintain visibility
or to support an advertising sign will result in revocation of the permit.

[Dep’t of Highways, Outdoor Advertising Control Manual
p. 18, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

1. A check payable to the Department, in the
total amount of the inspection fee and applicable annual fee, must accompany
the sign permit application. The breakdown of the fees submitted for inspection
fees, annual permit fees and the total amount of the fees must be indicated.

2. Each off-premise outdoor advertising sign
maintained within any area subject to state control on or after March 15, 1972,
will be assessed an annual permit fee of $50. Unused portions of annual permit
fees are nonrefundable, and the entire fee will be assessed for a sign
installation during any part of a calendar year.

3. Any fees for sign permits which are more
than 30 days delinquent may result in the cancellation of the permit and
removal of the sign if a new permit cannot be granted pursuant to NAC 410.200 to 410.440,
inclusive.

4. An inspection fee in the amount of $150
will be assessed for each off-premise outdoor advertising sign erected within
any area subject to control by the Department to defray expenses incurred by
the Department for its field inspection. Any work performed in addition to
normal inspection of the site and processing the application will be billed to
the applicant in addition to the inspection fee. Once the field inspection has
been performed, any fee assessed or billed to the applicant pursuant to this
subsection is nonrefundable.

NAC 410.310Maintenance or construction of sign on private property from
within right-of-way of state prohibited; violation. (NRS 410.400)The
maintenance or construction of a sign on private property from within the
right-of-way of the state is prohibited. Any violation of this requirement may
result in the revocation of the sign permit and the removal of the sign at the
owner’s expense.

[Dep’t of Highways, Outdoor Advertising Control Manual
p. 11, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

1. An unzoned commercial or industrial area
is an area not zoned by state or local law, regulation or ordinance, and on
which there is located one or more permanent structures devoted to a commercial
or industrial activity or on which a commercial or industrial activity is
actually conducted, whether or not a permanent structure is located thereon,
and the area along the highway extending 600 feet from and beyond the edge of
such activity, provided such adjacent area is not zoned other than commercial
or industrial. In addition, lands on the opposite side of the highway to the
extent of the same dimensions will be considered as an unzoned commercial or
industrial area provided those lands on the opposite side are not considered
scenic or as having esthetic value. In the event the area on the opposite side
of the highway is deemed scenic, then only the side of the highway having a
commercial activity located thereon is considered to be unzoned commercial or
industrial.

2. All measurements must be from the outer
edges of the regularly used buildings, parking lots, storage or processing and
landscaped areas of the commercial or industrial activities, not from the
property lines of the activities, and must be along or parallel to the edge of
pavement of the highway.

3. A sketch showing the relationship of the
proposed sign to the unzoned commercial or industrial area, and a description
of the activity conducted which qualifies the site as being unzoned commercial
or industrial, must be submitted for each new sign to be constructed in such an
area. For example:

4. The designation of an unzoned commercial
or industrial area applies only in areas not specifically zoned.

(a) Area for a single face of a sign is 1,200 square
feet. The area must be measured by the smallest square, rectangle, triangle,
circle or combination thereof which will encompass the entire sign.

(b) Height of a face of any sign is 30 feet.

(c) Length of a face of any sign is 60 feet.

2. The limitations for the size of signs set
forth in paragraphs (b) and (c) of subsection 1 apply to each side of a sign.

3. A sign may be placed back to back or side
to side on the same structure.

4. A sign may be placed in a V-shape with
not more than two displays to each facing. Such a sign shall be deemed to be
one sign.

[Dep’t of Highways, Outdoor Advertising Control Manual
p. 8, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

NAC 410.340Sign construction: Minimum spacing requirements. [Effective until
such date as the Department of Transportation of the State of Nevada and the
Secretary of Transportation enter into an agreement by which the State of
Nevada may regulate the areas outside of urbanized area boundaries for the
purpose of enforcing the Highway Beautification Act (23 U.S.C. § 101 et seq.).]
(NRS
410.400)

1. On interstate and federal-aid primary
highways, signs must not be located in such a manner as to obscure or otherwise
physically interfere with the effectiveness of an official traffic sign, signal
or device, or obstruct or physically interfere with the driver’s view of
approaching, merging or intersecting traffic.

2. For signs along interstate highways and
controlled-access freeways:

(a) No two structures may be spaced less than 500
feet apart.

(b) Outside of incorporated cities, no structure
may be located adjacent to or within 500 feet of an interchange, intersection
at grade or safety rest area. The 500 feet must be measured along the
interstate or freeway from the beginning or ending of pavement widening at the
exit from or entrance to the main-traveled way.

3. For signs along nonfreeway primary
highways:

(a) Outside of incorporated villages and cities,
including the area within unincorporated towns and villages, no two structures
may be spaced less than 300 feet apart.

(b) Within incorporated villages and cities, no two
structures may be spaced less than 100 feet apart.

4. For signs along all controlled routes,
the provisions of this section do not apply to structures separated by
buildings or other obstructions situated in a manner so that only one sign located
within the spacing distances described in this section is visible from the
highway at any one time, in both directions of travel.

NAC 410.340Sign
construction: Minimum spacing requirements. [Effective on such date as the
Department of Transportation of the State of Nevada and the Secretary of
Transportation enter into an agreement by which the State of Nevada may
regulate the areas outside of urbanized area boundaries for the purpose of
enforcing the Highway Beautification Act (23 U.S.C. § 101 et seq.).] (NRS 410.400)

1. On interstate and federal-aid primary
highways, signs must not be located in such a manner as to obscure or otherwise
physically interfere with the effectiveness of an official traffic sign, signal
or device, or obstruct or physically interfere with the driver’s view of
approaching, merging or intersecting traffic.

2. For signs along interstate highways and
controlled-access freeways:

(a) No two structures may be spaced less than 500
feet apart.

(b) Outside of urbanized area boundaries, no
structure may be located adjacent to or within 500 feet of an interchange, intersection
at grade or safety rest area. The 500 feet must be measured along the
interstate or freeway from the beginning or ending of pavement widening at the
exit from or entrance to the main-traveled way. As used in this paragraph,
“urbanized area boundaries” has the meaning ascribed to it in 23 U.S.C. §
101(a).

3. For signs along nonfreeway primary
highways:

(a) Outside of incorporated villages and cities,
including the area within unincorporated towns and villages, no two structures
may be spaced less than 300 feet apart.

(b) Within incorporated villages and cities, no two
structures may be spaced less than 100 feet apart.

4. For signs along all controlled routes,
the provisions of this section do not apply to structures separated by
buildings or other obstructions situated in a manner so that only one sign located
within the spacing distances described in this section is visible from the
highway at any one time, in both directions of travel.

[Dep’t of Highways, Outdoor Advertising Control Manual
pp. 9 & 10, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98;
R058-97, 12-11-98, effective on such date as the Department of Transportation
of the State of Nevada and the Secretary of Transportation enter into an
agreement by which the State of Nevada may regulate the areas outside of
urbanized area boundaries for the purpose of enforcing the Highway
Beautification Act (23 U.S.C. § 101 et seq.))

1. Signs must not be placed with
illumination that interferes with the effectiveness of or obscures any official
traffic sign, device or signal. Signs must not include or be illuminated by
flashing, intermittent or moving lights, except any parts necessary to give
public service information such as the time, date, temperature, weather or
similar information. Signs must not cause beams or rays of light to be directed
at the traveled way if the light is of such intensity or brilliance or is likely
to be mistaken for a warning or danger signal or to cause glare or impair the
vision of any driver, or to interfere with any driver’s operation of a motor
vehicle. Illumination or lights for signs must not resemble or simulate any
lights used to control traffic.

2. A commercial electronic variable message
sign, including, without limitation, a trivision sign, may be approved as an
off-premise outdoor advertising sign in an urban area if the sign does not
contain flashing, intermittent or moving lights, does not cause a glare on the
roadway and the following conditions are met:

(a) An existing sign may be modified or updated if
the sign conforms with established criteria relating to zoning, size, lighting
and spacing.

(b) A message on a trivision sign may have a
minimum display time of 6 seconds and a maximum change interval of 3 seconds.

(c) A trivision sign must contain a mechanism that
will stop the sign in one position if a malfunction occurs.

(d) If a sign is installed that does not comply with
the provisions of this subsection, the owner of the sign shall correct the
violation or remove the sign at the owner’s expense.

(e) Prior approval from the Department is required
to modify existing signs to include the commercial electronic variable message
sign, and a new permit fee of $150 will be charged.

[Dep’t of Highways, Outdoor Advertising Control Manual
p. 11, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

1. Maintained signs must be kept in a state
of ordinary repair. As used in this subsection, “ordinary repair” means such
maintenance, repair, upkeep and refurbishing of the sign as is required to
allow the sign to exist for its normal expected life.

2. Any nonconforming or grandfathered
conforming sign that sustains damage from wind, or accidental external
influence beyond the control of the owner of the sign in excess of 50 percent
of the cost of the components of the supporting structure, including, without
limitation, the main supports, braces and stringers, shall be deemed totally
destroyed. Advertising panels are not components of the supporting structure.
Any reconstruction of such a sign must meet all criteria for the construction
of a new sign at that location.

3. Pursuant to the authority in NRS 410.220, the following applies
to the maintenance of outdoor advertising structures:

(a) No outdoor advertising structures may be
maintained from across right-of-way control of access fences or boundaries. Any
violation of this provision will result in immediate cancellation of the sign
permit with no prior notice.

(b) Improper maintenance of outdoor advertising
structures will, at the discretion of the Director, result in the revocation of
any sign permits or licenses of the offending structure, and the owner will be
required to remove the same within 30 days after notification.

1. Signs may have additions or cutouts
placed on them. However, for nonconforming and grandfathered conforming signs,
the owner of the sign must first grant the Department written certification
that he or she will accept the then-existing inventory data of the Department
regarding the size of the sign and material of construction and illumination.
The inventory description of the Department of the sign must be used solely for
the purpose of valuating altered signs.

2. Additions, cutouts or illumination may be
placed on conforming signs which meet all size, spacing and lighting
requirements without prior notification to the Department. Any change which
violates the size or lighting requirements must result in permit cancellation.

3. No major structural change or addition is
allowed when placing approved additions or cutouts on nonconforming or
grandfathered conforming signs. The only structural change that is allowed is
that required to attach the addition or cutout to the existing sign frame.

[Dep’t of Highways, Outdoor Advertising Control Manual
p. 20, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

NAC 410.380Blank signs. (NRS 410.400)A sign
may remain blank, painted out or contain “dead copy,” such as advertising a
defunct business or product or the former name of an existing business, for a
period of 1 year. At the end of the 1-year period, the sign permit may be
cancelled. Permits may be reissued only for signs in conforming areas that meet
all the criteria for the construction of new signs, and permit applications
must be accompanied by inspection and annual permit fees or, for signs on which
the owner of the sign can furnish documentary proof that the sign is being
actively maintained, that it is a current structure on his or her plant
inventory and that he or she has held a valid lease or agreement, accompanied
by documentation of the expenditure of the stipulated rental fee during the
term of the blank status. Furnishing this evidence within 30 days after the
cancellation of the permit constitutes proof that the owner of the sign has not
abandoned his or her interest in the structure, and the cancelled permit may be
reinstated for no fee.

[Dep’t of Highways, Outdoor Advertising Control Manual
p. 20, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

NAC 410.390Abandoned and unmaintained signs. (NRS 410.400)Abandoned
and unmaintained signs must be removed by the Department with no compensation
being paid to the owner.

1. The basic criteria for determining whether
the Department can offer compensation for the sign to be removed is as follows:

(a) The sign must have been legally erected and
maintained on or before March 15, 1972. Signs will not be purchased until
federal money is made available for participation in such purchases.

(b) The sign must enjoy legal occupancy status from
the time of erection until purchase by the state.

(c) The sign must be located in a nonconforming
area.

(d) The sign must not have undergone any
substantial change in configuration since March 15, 1972, although normal
maintenance is permitted.

(e) The sign must have a sign permit issued by this
state.

(f) Nonconforming signs on routes which have been
added to the interstate or primary system subsequent to March 15, 1972, must be
removed within 5 years after the date the route was added to the system. They
may qualify for compensation subject to meeting the required occupancy tests.

2. When the valuation process begins for
signs eligible for purchase, the owner of the sign shall furnish the Department
with copies of his or her leases or agreements with the property owner
delineating the terms and conditions of occupancy within 30 days after such a
request by the Department. If a formal lease or agreement does not exist, the
owner shall furnish the Department with a notarized affidavit attesting to his
or her occupancy right and stating the amount of site rental paid for the last
2 calendar years, the party to whom sums for the lease were paid and the
address of that party.

[Dep’t of Highways, Outdoor Advertising Control Manual
p. 21, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

1. If an outdoor advertising sign governed
by the provisions of NAC 410.200 to 410.440, inclusive, changes ownership, the new owner
shall inform the Department of the change within 60 days after the change of
ownership or November 1 of the calendar year, whichever is sooner, to allow
enough time to change the name and address on the billing for the permit fee.

2. A notice given pursuant to this section
must include a bill of sale from the previous owner to the new owner or an
affidavit signed by the previous owner confirming the change in ownership.

[Dep’t of Highways, Outdoor Advertising Control Manual
p. 21, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

1. An authorized directional or
informational sign, as authorized by NRS
410.400, may not be erected without first obtaining a sign permit from the
Department. No fee will be charged for the permit which is revocable.

2. Revocable sign permits must be obtained
from the Department for authorized directional and informational signs allowed
upon highway rights-of-way. Applications are available at the district offices
of the Department. The holder of the permit shall maintain the sign and ensure that
no unauthorized panels are placed on the sign.

3. Authorized directional and informational
signs may be located within the right-of-way of noncontrolled access highways.
However, such sign structures must be constructed outside the clear roadside
area and must meet accepted breakaway requirements. If any installations within
the right-of-way are subsequently deemed a safety hazard, they must be removed
or relocated within 30 days after receipt of a notice to that effect. All
determinations for allowing the erection of or requiring the removal or relocation
of such signs are at the discretion of the Director.

4. The district traffic engineer shall
establish standards for directional and information signs to be located within
a highway right-of-way. Such signs must be erected by the Department. The
holder of the permit shall pay the cost of erecting such a sign.

1. All political signs erected within the
controlled areas of the interstate and primary routes are subject to NAC 410.200 to 410.440,
inclusive.

2. Before each statewide:

(a) Primary election; or

(b) General election, if there is no statewide
primary election,

Ê informational
packets explaining general requirements for political signs will be delivered
to the Secretary of State and the clerk of each county and municipality. The
Secretary of State or clerk shall distribute to each candidate and sponsor of a
ballot question the informational packet.

3. No political sign may be attached to the
fencing for a right-of-way or be placed within the Department’s right-of-way
for roads, district offices, major maintenance stations, surplus and excess
properties, and property acquired by the Department for future roadway
construction.

[Dep’t of Highways, Outdoor Advertising Control Manual
p. 22, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

Directional and Official Signs

NAC 410.500Definitions.As
used in NAC 410.500 to 410.630,
inclusive, unless the context otherwise requires, the words and terms defined
in NAC 410.510 to 410.550,
inclusive, have the meanings ascribed to them in those sections.

NAC 410.520“Official sign” defined. (NRS 410.400)“Official
sign” means a sign or notice erected and maintained by a public officer or
agency within the territorial or zoning jurisdiction of the officer or agency
pursuant to law, ordinance or regulations for the purposes of carrying out an
official duty or responsibility.

1. Is located on a shelter at a school bus
stop if the shelter is authorized or approved by a law, ordinance or regulation
and is at a place approved by the city, county or state agency controlling the
highway involved; and

NAC 410.540“Sign of a public utility” defined. (NRS 410.400)“Sign of
a public utility” means a sign, notice or marker which provides a warning or
information and is customarily erected and maintained by a publicly or
privately owned utility as essential to its operations.

NAC 410.550“Sign of a service club or religious organization” defined. (NRS 410.400)“Sign of
a service club or religious organization” means a sign or notice whose erection
is authorized by law and which relates to a meeting of a nonprofit service
club, charitable association or religious service.

NAC 410.560Severability. (NRS 410.400)If any
provision of NAC 410.500 to 410.630,
inclusive, or their application to any person, thing or circumstance is held
invalid, it is intended that such invalidity not affect the remaining
provisions or applications to the extent that they can be given effect.

NAC 410.570Purpose. (NRS 408.557, 410.330, 410.400)The
purpose of NAC 410.500 to 410.630,
inclusive, is to provide for effective control by the Department of official
and directional signs adjacent to interstate or primary highways within this
state and to establish effective control in conformance with the national
standards adopted by the Secretary of Transportation pursuant to 23 U.S.C. §
131.

[Dep’t of Highways, Outdoor Advertising Control Manual,
Supp. § I, eff. 10-17-80]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

NAC 410.580Applicability. (NRS 410.400)NAC 410.500 to 410.630,
inclusive, apply to all official and directional signs adjacent to and visible
from any interstate or primary highway in Nevada.

NAC 410.590Directional and official signs: Conformity with criteria. (NRS 410.400)Directional
and official signs are subject to the criteria set forth in NAC 410.500 to 410.630,
inclusive. Signs qualifying under the criteria are allowed to be erected and
maintained. Upon application by the owner, permits for such signs will be
issued by the Department at no cost to the owner. Signs which were legally
erected and maintained but which do not meet the criteria must be modified or
relocated or will be purchased by the Department. Signs which do not meet the
criteria and which were not legally erected and maintained will be removed at
the owner’s expense.

(a) Signs located in such a manner as to obscure or
otherwise interfere with the effectiveness of an official traffic sign, signal
or device, or obstruct or interfere with the driver’s view of approaching,
merging or intersecting traffic.

(b) Signs which are erected or maintained upon
trees or painted or drawn upon rocks or other natural features.

(c) Obsolete signs.

(d) Signs which are structurally unsafe or in
disrepair.

(e) Signs which move or have any animated or moving
parts.

(f) Signs located in rest areas, parklands or
scenic areas.

2. No directional sign may exceed the
following limits:

(a) Area, 150 square feet.

(b) Height, 20 feet.

(c) Length, 20 feet.

Ê All
dimensions include border and trim, but exclude supports.

3. Signs may be illuminated, subject to the
following:

(a) Any sign which contains, includes or is
illuminated by any flashing, intermittent or moving light or lights is
prohibited.

(b) Any sign which is not effectively shielded to
prevent beams of light from being directed at any portion of the traveled way
of an interstate or primary highway, which is of such intensity or brilliance
that it causes glare or impairs the vision of the driver of any motor vehicle,
or which otherwise interferes with any driver’s operation of a motor vehicle is
prohibited.

(c) Any sign which is so illuminated that it
interferes with the effectiveness of or obscures an official traffic sign,
device or signal is prohibited.

(d) Any sign which resembles or simulates an
official traffic control device is prohibited.

4. Spacing criteria are as follows:

(a) The location of each such sign must be approved
by the Department.

(b) No sign may be located within 2,000 feet of an
interchange or an intersection at grade along the interstate system or other
freeways. The distance is measured along the interstate or freeway from the
nearest point of the beginning or ending of pavement widening at the exit from
or entrance to the main-traveled way.

(c) No sign may be located within 2,000 feet of a
rest area, parkland or scenic area.

(d) No two signs facing the same direction of
travel may be spaced less than 1 mile apart.

(e) No more than three signs pertaining to the same
activity and facing the same direction of travel may be erected along a single
route approaching the activity.

(f) Any sign located adjacent to the interstate
system must be within 75 air miles of the activity.

(g) Any sign located adjacent to the national
highway system, other than the interstate, or the primary system must be within
50 air miles of the activity.

5. The message on a sign must be limited to
the attraction or activity and directional information useful to the traveler
in locating the attraction, such as mileage, route numbers or exit numbers.
Descriptive words or phrases and pictorial or photographic representations of
the activity or its environs are prohibited.

6. The use of directional signs for
privately owned activities or attractions is limited to providing information
on natural phenomena, scenic attractions, historic, educational, cultural,
scientific and religious sites, and outdoor recreational areas. To be eligible for
use of such signs, the privately owned attractions or activities must be
nationally or regionally known and of outstanding interest to the traveling
public.

7. As used in this section, “national
highway system” has the meaning ascribed to it in 23 U.S.C. § 103(b).

1. An official sign must not exceed 750
square feet in size. An official sign of a local government may be erected
anywhere adjacent to an interstate and primary highway within its jurisdiction,
except in a scenic area or parkland, so long as the sign does not create a
safety hazard to the traveling public.

2. An official sign will not be considered
when the Department determines the spacing required between conforming outdoor
advertising signs located off premises.

3. Public officials may erect, within the
limits of their jurisdictions, official signs welcoming travelers and
describing the services and attractions available but may not advertise private
businesses or brand names. Not more than one official sign welcoming visitors
or providing information about a community is allowed on each highway entering
the community.

NAC 410.625Specifications for signs of service clubs and religious
organizations. (NRS 410.400)

1. A sign of a service club or religious
organization must include a panel provided and attached by the Department. The
holder of the permit must obtain a panel from the district traffic engineer,
have the panel engraved and return it to the district traffic engineer for
attachment to the assembly. The panels must be approximately 12 inches by 40
inches.

2. The lettering must be approximately 3/4-inch
tall for the name of the holder of the permit, approximately 1/2-inch tall for
the location of its meeting and approximately 1/4-inch tall for the date and
time of the meeting.

3. Each district traffic engineer shall make
further specifications available. Depending on the size of the community in
which the club or church is located, an assembly may consist of 10 panels or 15
panels.

(Added to NAC by Dep’t of Transportation by R058-97,
eff. 12-11-98)

NAC 410.630Area of signs of service clubs and religious organizations;
historical markers considered official signs. (NRS 410.400)

1. A sign of a service club or religious
organization must not exceed 8 square feet in area.

2. Historical markers authorized by state
law and erected by agencies of the state or local governments or by nonprofit
historical societies may be considered official signs by the Department.

NAC 410.670“Nonconforming outdoor advertising sign” defined. (NRS 410.400)“Nonconforming
outdoor advertising sign” means an outdoor advertising sign which was erected
and has been maintained lawfully but does not conform to the provisions set
forth in NRS 410.220 to 410.410, inclusive.

(Added to NAC by Dep’t of Transportation, eff. 12-16-82)

NAC 410.675“Unacceptable commercial or industrial zone” defined. (NRS 410.400)“Unacceptable
commercial or industrial zone” means an area which is established by a local
government as a commercial or industrial zone but which is not accepted by the
Department as a commercial or industrial area for the purpose of the exception
in subsection 4 of NRS 410.320.

(Added to NAC by Dep’t of Transportation, eff. 12-16-82)

NAC 410.680Severability. (NRS 408.557, 410.330, 410.400)If any
provision of NAC 410.650 to 410.750,
inclusive, or any application thereof to any person, thing or circumstance is
held invalid, such invalidity does not affect the remaining provisions or
applications to the extent that they can be given effect.

(Added to NAC by Dep’t of Transportation, eff. 12-16-82;
A by R058-97, 12-11-98)

1. In accordance with NRS 410.220 to 410.410, inclusive, no off-premise
outdoor advertising structure may be erected within the controlled area of the
interstate or primary highway systems within this state without first obtaining
a sign permit from the Department. For a controlled area:

(a) Within the limits of urban areas which are
designated in the latest national census report or as a populated area of more
than 5,000 people with the boundary to be determined by the state and based
upon the metropolitan plan area statistics, a sign permit is required for all
signs visible from and capable of having their messages read from the
main-traveled way of and located within 660 feet of the right-of-way for
interstate and primary routes. The 660 feet must be measured perpendicular to
the centerline of the main-traveled way and must be concentric with the
right-of-way line.

(b) Outside the limits of urban areas, defined in
paragraph (a), a sign permit is required for all signs visible from and capable
of having their messages read from the main-traveled way of interstate and
primary routes. No sign may be erected beyond 660 feet from the right-of-way
line of interstate and primary routes which was erected to be viewed from or
have its message read from the main-traveled way of interstate and primary
routes.

2. A request to determine whether a sign
will be visible from a controlled area must be made to the Department before
the sign is constructed. The Department will inspect the site and advise the
prospective holder of a permit whether the sign will be visible and capable of
having its message read from the controlled area. If the holder of the permit
constructs the sign after the Department has advised him or her that the sign
will be visible from the controlled area, and the sign is later determined to
be in violation of any provision of this chapter, the holder of the permit
shall remove the sign within 30 days after receiving notice of the violation.
The holder of the permit shall pay the cost of the removal.

[Dep’t of Highways, Outdoor Advertising Control Manual
p. 6, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

1. A governmental agency may submit to the
Director a request for an exemption of nonconforming outdoor advertising signs
within a defined area from the requirements for acquisition and removal by the
Department.

2. The area in which the signs are located
must be under the jurisdiction of the governmental agency which submits the
request.

3. The request must be in the form of a
declaration, resolution, certified copy of an ordinance or other direction from
the governing body of the county, city or other governmental agency.

(Added to NAC by Dep’t of Transportation, eff. 12-16-82;
A by R058-97, 12-11-98)

1. To be approved for exemption from
acquisition and removal, a nonconforming outdoor advertising sign must have
continuously displayed since May 5, 1976, or the date on which it became
nonconforming, whichever is later:

(a) Information in the interest of the traveling
public concerning goods or services;

(b) The name of an establishment which has provided
those goods or services continuously since May 5, 1976, or the date when the
sign became nonconforming, whichever is later; and

(c) Specific directional information which has
enabled the traveling public to locate the establishment offering those goods
or services.

2. If at any time since May 5, 1976, or the
date when the sign became nonconforming, whichever is later, an exempted
nonconforming outdoor advertising sign is modified or repainted so that it no
longer contains the information required in subsection 1, the exemption for the
sign will be rescinded and will not be reinstated.

(Added to NAC by Dep’t of Transportation, eff. 12-16-82)

NAC 410.703Exemption of nonconforming signs: Preexisting signs. (NRS 408.557, 410.330, 410.400)Signs
which were lawfully erected in zoned and unzoned commercial or industrial areas
before the effective date of the control of a route, or segment thereof, by the
Department, including, without limitation, new interchanges, extensions of
routes and redesignations of routes, shall be deemed to be conforming and will
not be required to be removed if they are in conformity with the local
ordinances and laws of this state relating to the erection and maintenance of
such signs.

1. An economic analysis must be submitted to
support a request for an exemption. The analysis must include:

(a) A complete description of the method of
analysis;

(b) A description of the defined area covered in
the analysis;

(c) A list of the nonconforming outdoor advertising
signs for which exemption is sought, and a photograph of each sign, with a note
on the photograph showing the date it was taken;

(d) The name of the enterprise advertised on each
nonconforming outdoor advertising sign to be exempted; and

(e) A clear demonstration that removal of the
nonconforming outdoor advertising signs would cause a substantial adverse
economic effect throughout the defined area.

2. The economic analysis must be based upon
a study of the entire area and not merely upon individual claims of hardship by
owners of businesses within the defined area.

(Added to NAC by Dep’t of Transportation, eff. 12-16-82)

NAC 410.710Exemption of nonconforming signs: Requests for renewal. (NRS 410.400)Every 3
years after an exemption within a defined area is granted, the governmental
agency which initially requested the exemption must:

1. Perform an economic analysis justifying
renewal of the exemption; and

2. Submit to the Department the results of
the analysis and a request for renewal of the exemption.

(Added to NAC by Dep’t of Transportation, eff. 12-16-82)

NAC 410.715Exemption of nonconforming signs: Review of requests. (NRS 410.400)The
Department will examine each request for an exemption or renewal of an
exemption and if the request meets the requirements of NAC
410.695 to 410.710, inclusive, will forward it
with a recommendation for approval to the Federal Highway Administration.

(Added to NAC by Dep’t of Transportation, eff. 12-16-82)

NAC 410.720Exemption of nonconforming signs: Preparation of request. (NRS 410.400)The
Department will not participate in any cost or activity related to preparation
of:

1. The Department will review any area zoned
for commercial or industrial activity to determine if the zone appears to have
been deliberately or inadvertently established to circumvent 23 U.S.C. § 131.

2. The Department will consider a commercial
or industrial zone as unacceptable for the purpose of the exception in
subsection 4 of NRS 410.320 if:

(a) A significant number of noncommercial or
nonindustrial uses are allowed in the zone or by the zoning ordinance to the
extent that the commercial or industrial character of the zone is or would be
obscured;

(b) The zone consists of a large area which is
remote and unpopulated and has little or no commercial or industrial activity;

(c) The zone consists of a long narrow strip or
strips along significant portions of highway frontage within which the existing
developments do not support the commercial or industrial classification; or

(d) The zone is not part of a comprehensive plan of
zoning but appears to have been the result of spot zoning whose primary purpose
was to allow the erection or continued existence of an outdoor advertising
sign.

3. The Department will include in its
review:

(a) The zoning ordinance enacted by the appropriate
local authority;

(b) The minutes of the planning commission’s and
county commission’s meetings at which the requests for the zoning or rezoning
were discussed, in order to ascertain the purpose of the zoning or rezoning;
and

(c) The area encompassed by the zone and the extent
and nature of commercial and industrial activity in the zone.

(Added to NAC by Dep’t of Transportation, eff. 12-16-82;
A by R058-97, 12-11-98)

1. Except as otherwise provided in
subsection 2, the following areas shall not be deemed to be conforming areas
within unacceptable commercial or industrial zones, whether the zones are civic
zones or public-facility zones or whether incidental commercial or industrial
activities are allowed therein, pursuant to NAC 410.730:

(a) Areas established primarily for the
accommodation of governmental facilities, including, without limitation,
offices and schools.

(b) Areas established primarily as recreational
facilities, including, without limitation:

(1) Golf courses and parks;

(2) Baseball, softball and soccer fields or
arenas; and

(3) Open spaces operated or managed on a
profit, not-for-profit or nonprofit basis.

2. The following areas shall be deemed
conforming areas within unacceptable commercial or industrial zones pursuant to
NAC 410.730:

(a) Land in a civic zone or public-facility zone
if:

(1) A special or conditional use permit has
been granted to allow activities categorized as “for commerce, industry or
trade” on the land; and

(2) The land has been developed for such use,
including, without limitation, an airport or another intense commercial or
industrial development or a use which is not incidental to the primary use of
the land.

(b) An area along a highway extending 600 feet from
and beyond the edge of land that:

(1) Meets the requirements set forth in
paragraph (a); and

(2) Is not zoned other than for commercial or
industrial use.

(c) An area on the opposite side of a highway
extending 600 feet from and beyond the edge of land that:

(1) Meets the requirements set forth in
paragraph (b); and

(2) Is not considered scenic or as having
aesthetic value.

3. All measurements required pursuant to
this section must be:

(a) Made from the outer edges of the regularly used
buildings, parking lots, storage or processing areas, or landscaped areas of
the commercial or industrial activities; and

(b) Measured alongside or parallel to the edge of
the pavement of the highway.

4. A scaled drawing that shows the
relationship of a proposed sign to the commercial or industrial activity, a
description of the commercial or industrial activity and a copy of the special
or conditional use permit must be submitted to the Department for each new sign
to be constructed in the conforming area.

1. The Department will allow existing
outdoor advertising signs to remain and new outdoor advertising signs to be
erected in a conforming area within an unacceptable commercial or industrial
zone.

2. Except as provided in subsection 3, the
Department will determine the extent of a conforming area by applying the
Department’s criteria for unzoned commercial or industrial areas as set forth
in NAC 410.320 to those areas within the
unacceptable commercial or industrial zones having existing or contemplated
commercial or industrial activities.

3. A conforming area will not be extended
beyond the commercial or industrial zone.

4. The Department will not consider a
commercial or industrial activity established within or as an adjunct to a
residence to be a commercial or industrial activity for purposes of defining a
conforming area if the Department determines that the activity is
insubstantial.

1. To prove that a commercial or industrial
use is contemplated for the near future and that it would provide a basis for
establishing a conforming area within which an existing or proposed outdoor
advertising sign could remain or be erected, the owner of the sign must submit
the following information to the Department:

(a) A description of the nature of the proposed
commercial or industrial use.

(b) A copy of the building permit approved and
issued by the appropriate local authority for improvements to be constructed to
accommodate the proposed use. If a building permit is not required, the
commercial or industrial use must be established within 1 year after the owner
of the sign notifies the Department of the proposed construction.

(c) A scaled drawing showing:

(1) The highway with the right-of-way and
paved traveled portion accurately depicted;

(2) The contemplated commercial or industrial
improvements or the area to be devoted to commercial or industrial activity;

(3) The proposed conforming area, as defined
pursuant to NAC 410.730, encompassing the
contemplated commercial or industrial activity; and

(4) Existing or proposed outdoor advertising
signs in the conforming area with distances, to be measured along the edge of
the highway pavement, between those signs and the nearest commercial or
industrial improvement.

2. The Department may require special
conditions, including, without limitation, a performance bond or a surety bond,
to ensure compliance for sign permits issued in these areas.

3. Any change in the proposed commercial or
industrial activity must be reviewed by the Department. The holder of the
permit shall provide the Department, without notice by the Department, with
sufficient documentation to review the proposed change. Failure to provide such
documentation may result in the revocation of the permit, and a new application
for a permit may be required. If a new application is required, all provisions
of this chapter related thereto are applicable. The new application will be
considered a new request and a new permit will be granted as available.

(Added to NAC by Dep’t of Transportation, eff. 12-16-82;
A by R058-97, 12-11-98)

1. An outdoor advertising sign in a proposed
conforming area which will encompass contemplated commercial or industrial
activity shall be deemed to be conforming pending the commencement of that
activity.

2. If that activity is not commenced within:

(a) The period specified for completion in the
initial building permit issued by the local authority; or

(b) One year after the owner of the sign notifies
the Department, if no building permit is required,

Ê the
Department will consider that no conforming area has been established and will
proceed as provided in NAC 410.745.

3. If that activity is developed in a
different area than the one shown on the plot submitted to the Department, the
owner of any sign which may be affected must prove to the Department that his
or her sign is in the conforming area defined by applying the provisions of NAC 410.730 to that activity.

4. Any qualifying commercial or industrial
activity that is temporary will define a conforming area for off-premise signs
only for the actual duration of the qualifying activity. If the qualifying
activity ceases for a period of 60 consecutive days or more, signs allowed
within the conditional conforming area shall be deemed nonconforming, the
permit will be cancelled and the sign must be removed by the owner within 30
days after the notice or declaration with no compensation from the Department
unless another qualifying activity is established or can be demonstrated by the
holder of the permit. As used in this subsection, “temporary” means the
activity will exist for 3 years or less.

(Added to NAC by Dep’t of Transportation, eff. 12-16-82;
A by R058-97, 12-11-98)

NAC 410.745Unacceptable commercial or industrial zones: Failure to complete
development; development in different area; resolution of intent to rezone. (NRS 408.557, 410.330, 410.400)

1. If no significant progress is made in
developing the contemplated commercial or industrial activity within the period
specified in the building permit issued by the appropriate local authority or
within 1 year after the date on which the owner of the sign formally notifies
the Department of the contemplated activity in a case where no building permit
is required, the Department will declare that a conforming area has not been
established and will acquire and remove preexisting, legally erected outdoor
advertising signs. Any outdoor advertising signs which have been erected in
anticipation of the establishment of a contemplated commercial or industrial
activity shall be deemed illegal outdoor advertising signs and must be removed
by the owner with no compensation from the Department.

2. If the contemplated commercial or
industrial activity is developed within the appropriate period, as prescribed
in subsection 1, the Department will define the conforming area to correspond
with the commercial or industrial activity actually developed. The Department
will immediately acquire and remove any outdoor advertising signs which existed
before the commercial or industrial activity was contemplated and which are
outside the conforming area. Any outdoor advertising sign which has been
erected in anticipation of the establishment of a contemplated commercial or
industrial activity and which is outside the limits of the conforming area
established is an illegal outdoor advertising sign and must be removed by the
owner of the sign, with no compensation from the Department.

3. A resolution of intent to rezone an area
for commercial or industrial activity will be accepted for the purposes of this
chapter if the term of the resolution and extensions do not exceed 3 years and
the conditions and periods of time established pursuant to the resolution of
intent are met by the landowner. Any sign permit issued for a sign on the
property which is subject to a resolution of intent will be issued conditionally
upon the property actually being rezoned for commercial or industrial activity
before the expiration of the resolution of intent, which must not exceed 3
years. If the resolution of intent expires without the property being rezoned
or the term, including any extensions, exceeds 3 years, any sign permit issued
for a sign on the property will be revoked and the sign must be removed by the
owner within 60 days after the expiration of the resolution of intent and any
extensions thereof or the expiration of 3 years, whichever is sooner, with no
compensation from the Department.

(Added to NAC by Dep’t of Transportation, eff. 12-16-82;
A by R058-97, 12-11-98)

NAC 410.750Unacceptable commercial or industrial zones: Activity
contemplated to circumvent purpose of program. (NRS 410.400)If any
contemplated commercial or industrial activity appears to be designed primarily
to protect outdoor advertising signs or encourage their use and thus, to circumvent
the purpose of the Department’s program for beautification of highways, the
Department will not define the area surrounding the activity as a conforming
area.

1. The Department will issue a notice of
violation to the owner of a sign that is erected without a permit in violation
of the provisions of this chapter. The notice will be delivered by certified
mail or by posting the notice on the sign.

2. The owner of the sign, landowner or other
person responsible for erecting the sign shall, within 30 days after receiving
the notice issued pursuant to subsection 1:

(a) Obtain a permit for the sign, if the sign
qualifies for a permit; or

(b) Remove the sign.

3. If a permit is not obtained or the sign
is not removed within the time required by subsection 2, the Department will
remove the sign. The owner of the sign, landowner or other person responsible
for erecting the sign shall pay the cost of removal to the Department. The
Department will store the sign for the 30 days immediately following removal,
during which time the sign may be claimed upon payment of the cost of removal
and any costs associated with the removal and storage of the sign and the
collection of the cost of removal. A sign that is not claimed within 30 days
after removal shall be deemed the property of the Department and may be
disposed of by the Department. Any money received from the disposal will be
credited first towards the costs of removal and storage of the sign. Money in
excess of such costs will be deposited with the State Treasurer for credit to
the State Highway Fund to offset the cost of issuing permits for signs. If the
income generated from the disposal of the sign does not meet or exceed the
costs of removal and storage of the sign and the cost of collecting the cost of
removal, the owner of the sign, landowner or other person responsible for
erecting the sign shall pay the remaining costs.

4. Any dispute arising out of the ownership
of the sign must be resolved by an appeal to the Director who will cause the
ownership of the sign to be investigated. The costs required to be paid by
subsection 3 will be abated until ownership is determined. Ownership of the
sign must be proven to the satisfaction of the Director. If the Director
determines that the person who has been charged for the costs of removal and
storage does not own the sign, the person is not liable for the costs required
to be paid pursuant to subsection 3.

(Added to NAC by Dep’t of Transportation by R058-97,
eff. 12-11-98)

MISCELLANEOUS PROVISIONS

NAC 410.800Effective dates of control by Department of alterations to and
new routes added to interstate and primary routes. (NRS 408.557, 410.330, 410.400)For the
purposes of this chapter, the effective dates of control by the Department of
alterations to and new routes added to the interstate and primary routes are:

1. Upon the signing or acceptance of the
design recommendation by the Director, for new highways being constructed by
the Department or roadways being constructed with the intent of becoming part
of the state-maintained roadway system, including, without limitation, the
interstate or primary routes.

2. At such time as the Department and the
local governing body agree to transfer control of the road or street to the
Department, for existing roads and streets added to the interstate and primary
routes.

3. Upon the signing or acceptance of the
design recommendation by the Director, for the interstate and primary routes
being altered, including, without limitation, by adding interchanges or
extending routes.